Brown v. RXR Soyo Exalta LLC
- Laura Swain
- 1:25-cv-03425
- U.S. District Court · Southern District of New York
- 1
In Brown v. RXR Soyo Exalta, Chief Judge Swain dismissed the complaint without prejudice after Brown neither paid filing fees nor filed an application to proceed without paying them.
Marla Brown’s complaint against RXR Soyo Exalta LLC, Jennifer Alexander, Alison Lenihan, Esq., and the State of New York was dismissed without prejudice because she did not pay the filing fee or submit the required application to proceed without paying it.
What happened
In Brown v. RXR Soyo Exalta LLC, the court ordered Marla Brown to either pay the $405 filing fee or submit an application to proceed without paying filing fees.
The court had given Brown 30 days to comply and warned that failure to do so would result in dismissal. Brown did neither.
Chief Judge Laura Taylor Swain dismissed the complaint without prejudice, meaning it was dismissed without barring a later filing. She also denied Brown permission to appeal without paying fees and directed the clerk to enter judgment.
The detailed version
- Brown v. RXR Soyo Exalta LLC · No. 1:25-cv-03425
- Laura Swain
- June 12, 2025
Background
By an order dated April 28, 2025, the court directed Plaintiff Marla Brown to do one of two things within 30 days: submit a completed application to proceed without paying filing fees, or pay the $405 required to file a civil action. The order warned that failing to comply would result in dismissal of the complaint.
Court’s ruling
Brown did not submit the application or pay the filing fees. Chief Judge Laura Taylor Swain therefore dismissed the complaint without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. Finally, the court directed the clerk to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.